Urban Forest Act 2023
15Meaning of prohibited groundwork
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15 Meaning of prohibited groundwork (1) For this Act, a person does prohibited groundwork in the protection zone for a protected tree if the person— (a) contaminates the soil in the protection zone with something that is poisonous to trees; or (b) damages the tree’s root system in the protection zone; or (c) engages in conduct that would compact the soil in at least 10% of the protection zone; or (d) excavates to a depth greater than 100mm over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or (e) raises the soil level by more than 100mm above the natural ground level over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or (f) does anything else prescribed by regulation that— (i) is likely to cause the tree to die; or (ii) significantly reduces the tree’s life expectancy; or (iii) significantly and adversely affects the tree’s health, stability or general appearance. Examples—par (b)—damages protected tree’s root system 1 cuts or rips a protected tree’s root system, whether by machine or otherwise 2 reduces the permeable surface around a protected tree 3 compacts or contaminates the soil around a protected tree
Examples—par (c)—conduct that would compact soil 1 park a heavy vehicle on the soil in a protected tree’s protection zone 2 install a concrete slab or non-permeable pavers over a protected tree’s protection zone 3 store heavy materials in a protected tree’s protection zone 4 use a compaction machine on the soil in a protected tree’s protection zone 5 place a shipping container in a protected tree’s protection zone Examples—pars (d) and (e)—cultivation for horticultural purposes 1 preparing garden beds for planting 2 planting trees and shrubs (2) For this Act, a person does prohibited groundwork in a declared site if the person— (a) excavates to a depth greater than 100mm over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or (b) raises the soil level by more than 100mm above the natural ground level over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or (c) does anything else prescribed by regulation. Examples—pars (a) and (b)—cultivation for horticultural purposes 1 preparing garden beds for planting 2 planting trees and shrubs